End Positive Discrimination – Repeal ‘Positive Action’ in the Equality Act 2010

Repeal or alter the section 'Positive Action' (Part 11, Chapter 2) contained in the Equality Act 2010, enacted on 8 April 2010.

Notably:

159 Positive action: recruitment and promotion

(1) This section applies if a person (P) reasonably thinks that—

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

(a) overcome or minimise that disadvantage, or

(b) participate in that activity.

(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4) But subsection (2) applies only if—

(a) A is as qualified as B to be recruited or promoted,

(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

(c) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

(5) “Recruitment” means a process for deciding whether to—

(a) offer employment to a person,

(b) make contract work available to a contract worker,

(c) offer a person a position as a partner in a firm or proposed firm,

(d) offer a person a position as a member of an LLP or proposed LLP,

(e) offer a person a pupillage or tenancy in barristers’ chambers,

(f) take a person as an advocate’s devil or offer a person membership of an advocate’s stable,

(g) offer a person an appointment to a personal office,

(h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person’s appointment to a public office, or

(i) offer a person a service for finding employment.

Why is this idea important?

Repeal or alter the section 'Positive Action' (Part 11, Chapter 2) contained in the Equality Act 2010, enacted on 8 April 2010.

Notably:

159 Positive action: recruitment and promotion

(1) This section applies if a person (P) reasonably thinks that—

(a) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or

(b) participation in an activity by persons who share a protected characteristic is disproportionately low.

(2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to—

(a) overcome or minimise that disadvantage, or

(b) participate in that activity.

(3) That action is treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not.

(4) But subsection (2) applies only if—

(a) A is as qualified as B to be recruited or promoted,

(b) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and

(c) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2).

(5) “Recruitment” means a process for deciding whether to—

(a) offer employment to a person,

(b) make contract work available to a contract worker,

(c) offer a person a position as a partner in a firm or proposed firm,

(d) offer a person a position as a member of an LLP or proposed LLP,

(e) offer a person a pupillage or tenancy in barristers’ chambers,

(f) take a person as an advocate’s devil or offer a person membership of an advocate’s stable,

(g) offer a person an appointment to a personal office,

(h) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person’s appointment to a public office, or

(i) offer a person a service for finding employment.

change the british army recruitment process !

in this day and age the british army in my opinion is to civalised reducing the effectiveness and capabilities. i strongly thought about joining the army until i sore the selection process which was like i was applying to become a teacher or something. of course fitness is vital and being pationate and motivated is alwayes good , but they include all sorts of time wasting nonsense like team games mental tests. i belive there should be a medical and fitness test and a interview. not the process of going to talk to someone informally then taking a silly british army battery test followed on by two more interviews and a army development and selection centre. they should simply examin your medical status and fitness and if that is in the green they should build you up from zero. this way there would be a increased number of soldiers who are no less capable then the soldiers to day within the army. to sum it up a better recruitment process which is not silly.taking a leaf out of israel's book could never hurt. and just for the sake of saying it. i belive the war in afghanistan is a load of nonsense and im sure at least ninety percent of people would agree with me. its about the sercruity back at home is it not ? wasting time money and lives for nothing ..building a school in afghanistan which taliban will rip down again..a waste of time… the subject i wrote about isnt a law but it is a  GOOD POINT. take it into consideration. 

Why is this idea important?

in this day and age the british army in my opinion is to civalised reducing the effectiveness and capabilities. i strongly thought about joining the army until i sore the selection process which was like i was applying to become a teacher or something. of course fitness is vital and being pationate and motivated is alwayes good , but they include all sorts of time wasting nonsense like team games mental tests. i belive there should be a medical and fitness test and a interview. not the process of going to talk to someone informally then taking a silly british army battery test followed on by two more interviews and a army development and selection centre. they should simply examin your medical status and fitness and if that is in the green they should build you up from zero. this way there would be a increased number of soldiers who are no less capable then the soldiers to day within the army. to sum it up a better recruitment process which is not silly.taking a leaf out of israel's book could never hurt. and just for the sake of saying it. i belive the war in afghanistan is a load of nonsense and im sure at least ninety percent of people would agree with me. its about the sercruity back at home is it not ? wasting time money and lives for nothing ..building a school in afghanistan which taliban will rip down again..a waste of time… the subject i wrote about isnt a law but it is a  GOOD POINT. take it into consideration. 

Recruit Carefully For The Police.

Police recruitment has been from a very low level and to fullfill very limited expectations from officers and public alike. This must be improved as a matter of urgency. New standards must be set and driven forward to achieve a much more educated and civilised police force (not service).

Why is this idea important?

Police recruitment has been from a very low level and to fullfill very limited expectations from officers and public alike. This must be improved as a matter of urgency. New standards must be set and driven forward to achieve a much more educated and civilised police force (not service).

Removal of European Agency Workers Directive & EU Working Time Directive

Working in recruitment used to be a fairly simple job. Since the introduction of EU law to our sector it has become more and more difficult to offer a competitive and flexible service to our clients.

People do temporary contracts for a variety of reasons. In between permanent jobs, as a more flexible working arrangement, because they want to work part time and when they are coming back to work after a career break or due to family commitments.

Our clients use us because they require a more flexible and temporary work force. We help them to cover sickness and holidays and also staff up for projects that have a limited time frame. Without total flexibility the benefits are lost.

A temporary worker in our sector is paid more than a permanent worker to compensate them for the temporary nature of their work and the lack of guaranteed continuity of work. We now have to load that with the same benefits as a permanent employee? This makes little sense especially when most temporary workers choose to be such.

All these costs are passed to the end user. The end user will, at some stage, not be able to swallow these extra costs and look to employ direct hence losing the flexibility of a temporary employee.

So i suggest that we regain total flexibility back into the UK's workforce by removing these burdens and also removing the EU Working Time Directive to boot.

Thanks Nick, I’m so pleased that you are allowing this process and listening to business. Great effort.

Why is this idea important?

Working in recruitment used to be a fairly simple job. Since the introduction of EU law to our sector it has become more and more difficult to offer a competitive and flexible service to our clients.

People do temporary contracts for a variety of reasons. In between permanent jobs, as a more flexible working arrangement, because they want to work part time and when they are coming back to work after a career break or due to family commitments.

Our clients use us because they require a more flexible and temporary work force. We help them to cover sickness and holidays and also staff up for projects that have a limited time frame. Without total flexibility the benefits are lost.

A temporary worker in our sector is paid more than a permanent worker to compensate them for the temporary nature of their work and the lack of guaranteed continuity of work. We now have to load that with the same benefits as a permanent employee? This makes little sense especially when most temporary workers choose to be such.

All these costs are passed to the end user. The end user will, at some stage, not be able to swallow these extra costs and look to employ direct hence losing the flexibility of a temporary employee.

So i suggest that we regain total flexibility back into the UK's workforce by removing these burdens and also removing the EU Working Time Directive to boot.

Thanks Nick, I’m so pleased that you are allowing this process and listening to business. Great effort.